Judge returns 2 guilty counts in Leopold misconduct trial

Anne Arundel County Executive faced misconduct, fraud charges

The judge in the case of embattled Anne Arundel County Executive John Leopold found him guilty on two of four counts against him -- misuse of taxpayer-funded executive protection officers for political and campaign activities and misuse of county employees for personal purposes.

Judge Dennis Sweeney told the court Tuesday that Leopold -- in having county employees emptying urine from his catheter bag after back surgery -- was predatory and cruel and showed criminal conduct, WBAL-TV 11 News I-Team reporter Barry Simms said.

Leopold was found not guilty on charges that could have put him in jail, including misusing county monies for personal benefit and misusing county monies for personal benefit.

"We're disappointed in the court's verdict. It has been our position from the outset that the conduct complained of here represented poor judgment as opposed to a criminal conduct. We do, however, respect the decision of the trial court," defense attorney Bruce Marcus said.

When asked for the county leader's response, Leopold simply said, "I'm humbled by the decision."

An acting Anne Arundel County executive was named late Tuesday afternoon in response to the verdict. The Anne Arundel County Council scheduled an emergency session at 3 p.m. Wednesday to introduce a measure that could force Leopold out permanently. A vote on the measure would be next week.

Prosecutors said they were pleased with the decision.

"Whenever you seek an indictment, obviously, you're seeking a conviction on all counts. Those were two major counts within the indictment. It was a difficult case," said prosecutor Emmet Davitt.

Former employees react

Former county employee Karla Hamner, who filed a discrimination and harassment lawsuit against Leopold, has been following the case closely and was in the courtroom Tuesday.

"He was probably shocked, because this is a man who clearly feels that he can operate above the law," Hamner said. "This has proven to be criminal behavior by this public official, and I would say that never at any point in time did he think he would have to be held accountable for it."

Other former employees came forward with information in the case, too.

"There's a lot of depth to this, and a lot of people have been hurt here. It was frightening to come forward," said former employee Carla Sagerholm, who also filed a sexual harassment case against Leopold.

A sentencing date has not yet been set. The judge and attorneys will meet by conference call to set a date and time.

According to the Anne Arundel County charter, the council, by ordinance, can declare a vacancy in the office of the county executive if the county executive is found guilty of a felony or a crime involving moral turpitude, misfeasance or malfeasance.

"I feel for the residents of the county because we've been laboring under this cloud for a long time, and it's not quite over, but the end is coming," said Anne Arundel County Councilman Jamie Benoit.

Sweeney returned with the split verdict after a short recess Tuesday afternoon.

Closing arguments were given Tuesday morning in which the defense said that while many of Leopold's actions may not be what you would want in an elected official, he didn't do anything criminal. Prosecutors countered, saying Leopold willfully, intentionally and oppressively abused his authority, Simms said.

The embattled county leader did not take the witness stand in his own defense before his lawyers rested their case Monday after calling one of Leopold's doctors and the county's personnel director to testify.

Following their testimony, defense lawyers asked Sweeney to throw out the case, claiming allegations by prosecutors did not constitute crimes. Sweeney denied that request.